§386a — Title 25 Indians | U.S. Code

Summary

The Interior Secretary must reduce or cancel government debts owed by individual Indians or tribes to be fair. Collection of construction costs on Indian-owned land in federal irrigation projects is deferred until Indian title ends, and earlier uncollected construction assessments under section 386 are canceled. The Secretary must report to Congress within 60 calendar days after the fiscal year ends. They need Congress approval; if Congress does not act within 90 calendar days after the report, they take effect. Same rules apply to beneficiaries leasing Hawaiian home lands.

Title 25, §386a

Indians — Source: USLM XML via OLRC

The Secretary of the Interior is hereby authorized and directed to adjust or eliminate reimbursable charges of the Government of the United States existing as debts against individual Indians or tribes of Indians in such a way as shall be equitable and just in consideration of all the circumstances under which such charges were made: Provided, That the collection of all construction costs against any Indian-owned lands within any Government irrigation project is hereby deferred, and no assessments shall be made on behalf of such charges against such lands until the Indian title thereto shall have been extinguished, and any construction assessments heretofore levied against such lands in accordance with the provisions of section 386 of this title, and uncollected, are hereby canceled: Provided further, That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made: Provided further, That any proceedings hereunder shall not be effective until approved by Congress unless Congress shall have failed to act favorably or unfavorably thereon by concurrent resolution within ninety calendar days after the filing of said report, in which case they shall become effective at the termination of the said ninety calendar days: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of construction costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Pub. L. 104–42 inserted before period at end “: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of

Construction

costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section”. 1982—Pub. L. 97–375, § 208(a)(1), substituted “That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made” for “That a report shall be made to Congress annually, on the first Monday in December, showing adjustments so made during the preceding fiscal year” in second proviso. Pub. L. 97–375, § 208(a)(2), substituted “ninety calendar days” for “sixty legislative days” wherever appearing.

§386a Adjustment of Reimbursable Debts; Construction Charges